WINE-BANKS. THEY ARE BOTH CO-HOSTS OF ONE OF MY FAVORITE PODCASTS, HAS TAG SISTERS IN LAW. LET'S START WITH JACK SMITH DIGGING INTO THAT OFF THE RAILS OVAL OFFICE MEETING. WHAT DOES IT TELL YOU ABOUT WHERE HE IS WITH THE JANUARY 6TH INVESTIGATION, AND THE DOTS THAT HE'S TRYING TO CONNECT? >> I WOULD SAY THAT HE IS MAKING VERY SPEEDY PROGRESS, AND THAT I WOULD ANTICIPATE ANOTHER INDICTMENT FROM HIM ABOUT JANUARY 6TH. AND THAT HE IS INVESTIGATING ALL OF THE ELEMENTS. WE KEEP SAYING JANUARY 6TH, BUT BESIDES THE INCITEMENT THAT MIGHT HAVE HAPPENED THAT DAY AND THE RIGHT AT THE CAPITOL, YOU HAVE WEEKS BEFORE THAT EIGHT WEEKS AFTER THAT OF ILLEGAL ACTIVITIES THAT THREATENS OUR DEMOCRACY. AND THAT'S A VERY IMPORTANT TO BE LOOKED AT. SO HE'S LOOKING AT THE FAKE ELECTORS SCHEME, AT THE FAKE LEGAL THEORIES, AND ALL THE FALSE LAWSUITS THAT WERE FILED WITH THE POSSIBILITY OF NAMING SYDNEY POWELL AND SPECIAL PROSECUTOR. IT IS SO RIDICULOUS AND SO DANGEROUS TO OUR DEMOCRACY THAT I HOPE THAT HE HAS A SPEAKING INDICTMENT AND SOON, SO THAT PEOPLE WILL LEARN THE FACTS. >> THEY CAN ACTUALLY NARRATE OUT WHAT'S HAPPENING HERE. MILES TAYLOR SPOKE IN INCIDENTS WHERE THEN PRESIDENT TRUMP IN OFFICE DISPLAYED -- WHILE IN THE WEST WING. AND THE DOBBS INDICTMENT HE'S ACCUSED OF SHOWING CLASSIFIED INFORMATION TO PEOPLE AFTER HE WAS PRESIDENT. LEGALLY SPEAKING, WHAT IS THE DISTINCTION BETWEEN THOSE ACCUSATIONS, BETWEEN DOING IT WHILE IN OFFICE AND AFTER HE HAD LEFT? >> WHEN HE IS IN OFFICE, THE PRESIDENT DOES HAVE THE ABILITY TO SHARE CLASSIFIED INFORMATION. TECHNICALLY HE SHOULD DECLASSIFY FIRST, HE SHOULD MAKE SURE THE INTELLIGENCE COMMUNITY SIGNS OFF ON IT, AND IT GETS COMMUNICATE TO EVERYBODY. BUT BECAUSE HE IS THE PRESIDENT AND HE'S THE HEAD OF THE EXECUTIVE BRANCH, IT'S NOT REALLY A CRIME FOR HIM TO DO THAT. BUT, I STILL THINK THIS IS A SIGNIFICANT FACTOR THAT COULD BE USED AT THE TRIAL. THERE'S A RULE OF EVIDENCE CALLED RULE 404(B), THAT TALKS ABOUT PRIOR BAD ACTS. AND SO THE T -- WANTS TO SHOW THAT DONALD TRUMP IS EXTREMELY RECKLESS IN THE WAY HE HANDLES CLASSIFIED INFORMATION, IT COULD BE ADMISSIBLE TO SHOW HIS MODUS OPERANDI, OR HIS ABSENCE OF MISTAKE. SO THERE ARE STILL WAYS FOR PROSECUTORS TO USE THINGS, EVEN IF IT IS NOT PART OF THE CHARGES IN THE CASE. >> TO BUILD OUT A PATTERN OF BEHAVIOR. THIS WEEK, TRUMP'S APPEAL OVER MIKE PENCE'S JANUARY 6TH TESTIMONY WAS DISMISSED. TRUMP WAS PRESSING THE APPEAL EVEN THOUGH PENCE ALREADY TESTIFIED. HELP US, WHAT DID HE REALLY EXPECT TO GET OUT OF THAT FIGHT? >> DELIGHT. I THINK ALL OF THE THINGS THAT HE DOES NOW ARE BASED ON TRYING TO DELAY ANY CONSEQUENCES FOR HIMSELF. THE EVIDENCE THAT WE'VE SEEN PUBLICLY, AND I'M ASSUMING THAT THERE'S FAR MORE EVIDENCE THAT WE HAVEN'T SEEN THAT WILL BE SHOWN TO A JURY, IS VERY COMPELLING. IT IS VERY INCRIMINATING. AND SO, IF HE EVER GOES TO TRIAL, THEN HE WILL END UP BEING AT BEST HAVING A HUNG JURY. EVERYBODY IS AFRAID THAT WILL BE A MEGA PERSON ON THE JURY WHO WON'T VOTE TO CONVICT HIM. BUT I GUARANTEE YOU, HE WILL NEVER BE ACQUITTED BY ANY JURY THAT LISTENS TO THE EVIDENCE. SO EVERYTHING THAT HE DOES IS JUST TO PUT OFF THE INEVITABLE TRIAL THAT WILL COME. AND I DON'T THINK HE'S GOING TO GET AWAY WITH IT. I THINK THAT THERE WILL BE TRIALS BEFORE THE END OF THIS YEAR, AND SO BEFORE THE REAL
